Weil v. Globe Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Globe Indemnity Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Sheajrn, J.:
In this case there was a verdict of $15,000 upon an accident insurance policy. The insured met his death by falling or jumping from the Ninety-sixth street platform of the subway to the tracks in front of an approaching train. The plaintiff’s case was duly established prima fade, supported by the well-*168established presumption that where the cause of death was either accident or suicide, and there is no evidence explaining the cause, the law presumes that the death was accidental. The defendant pleaded and undertook to establish as an affirmative defense that the deceased…
2Cases cited5 opinions
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Houlihan v. . Preferred Accident Ins. Co.New York Court of Appeals · 1909
- Northrup v. . the Railway Passenger As. Co.New York Court of Appeals · 1871
- Van Bokkelen v. Travelers' InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Bokkelen v. . Travelers' Insurance Company of HartfordNew York Court of Appeals · 1901
3Cited by18 opinions
- Bretton v. Mutual of Omaha InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- Globe Indemnity Co. v. ReinhartCourt of Appeals of Maryland · 1927
- Protective Life Ins. Co. v. SwinkSupreme Court of Alabama · 1931
- Wilkinson v. Standard Accident Insurance Co. of DetroitCalifornia Supreme Court · 1919
- Slavin v. City of DetroitMichigan Supreme Court · 1933
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